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4772 Budget Amendment $17,046.20 Change Order to All Terrain Tractor PO #38711 - new total $402,962.69 Chase Ave Project - P/WOrdinance No. 2024-4772 An ordinance of the City of Sanford, Florida providing for the rezoning of a parcel of real property totaling approximately 4.67 acres in size located at 3539 Marquette Avenue and assigned Tax Parcel Identification Number 03-20-31-5AY-0000-034B by the Seminole County Property Appraiser which property is located within the Sanford City Limits (map of the PD property is attached) from Seminole Couty Agriculture (A-1) to City Planned Development (PD); providing for findings and intent; providing for the taking of implementing administrative actions; providing for the adoption of a map by reference; providing for conflicts; providing for severability; providing for non -codification and providing for an effective date. Whereas, an application has been submitted proposing to rezone real property generally addressed as 3539 Marquette Avenue from Seminole Couty Agriculture (A-1) to City of Sanford Planned Development (PD) to establish office/warehouse with outdoor storage uses on the PD Property; and Whereas, the subject real property (a site 4.67 acres in size) is located on the south side of Marquette Avenue, Tax Parcel Identification Number 03-20-31-5AY-0000-034B, approximately 1,000 feet west of its intersection with Skyway Drive; and Whereas, the property owner, S R Plumbing, LLC, is a Florida limited liability company whose managers/members are Samuel Rivera and Abigail Colon; and Whereas, Randy Morris of 1603 North Indian River Road, New Smyrna Beach, Florida 32169, has made application for the owners for the requested rezoning of the PD Property; and Whereas, the City's CAPP (Citizens Awareness and Participation Plan) process, which was conducted on September 1, 2023, and was accomplished to the satisfaction of the City; and I I P a () e County Joint Planning Agreement (JPA) state that the HIP -TI, High Intensity Planned Development Airport (Seminole County land use designation) is equivalent to the AIC, Airport Industry and Commerce (City of land use designation) in this specific segment of State Road 46 and Exhibit "B" describes equivalent future land use designations in the City and the County comprehensive plans which land use designations have been deemed equivalent due to their similar intensities and densities of allowable development; and Whereas, the provisions of Exhibit "D" to the JPA provide that the PD Property is within sub -area 4 of the JPA and Exhibit "C" to the JPA provide applicable guidance as to this land use conversion all of which provisions are being adhered to by the enactment of this Ordinance; and Whereas, the City's Planning and Development Services Department conducted a thorough review and analysis of the demands upon public facilities and recommended that the subject rezoning application be approved having determined that the proposal is technically sufficient and consistent with the goals, objectives and policies of the Comprehensive Plan of the City of Sanford, the City's Land Development Regulations (LDRs), and the controlling provisions of State law; and Whereas, the City of Sanford Planning and Zoning Commission considered the rezoning application submitted by the Applicant at its February 1, 2024, meeting and unanimously recommended that the City Commission adopt an ordinance to rezone the PD Property from Seminole Couty Agriculture (A-1) to City of Sanford Planned Development (PD) based on the request being consistent with the goals, objectives and policies of the City's Comprehensive Plan; and Whereas, no additional standards or conditions can be placed upon this type of rezone, so the rezone is submitted to determine whether or not the request is consistent with the underlying land use and the goals and objectives of the Comprehensive Plan; and Whereas, the City planning and development staff have determined that the rezoning request is consistent with the underlying land use and the goals and objectives of the Comprehensive Plan and recommend approval of this Ordinance; and Whereas, the City Commission has determined that the proposed rezoning of the PD Property as set forth in this Ordinance is consistent with the Comprehensive Plan of the City of Sanford, the City's LDRs, and the controlling provisions of State law; and Whereas, the City Commission of the City of Sanford, Florida has taken all actions relating to the rezoning action set forth herein in accordance with the requirements and procedures mandated by State law. Now, therefore, be it enacted by the People of the City of Sanford, Florida: Section 1. Legislative findings and intent. (a). The City Commission of the City of Sanford hereby adopts and incorporates into this Ordinance the City staff report and City Commission agenda memorandum relating to the application relating to the proposed rezoning of the PD Property as well as the recitals (whereas clauses) to this Ordinance. (b). The approval set forth in this Ordinance is subject to the specific conditions that are set forth subsequently in this Ordinance and the property owner has agreed that no requirement herein lacks an essential nexus to a legitimate public purpose and is not roughly proportionate to the impacts of the proposed use that the City seeks to avoid, 31 P a `- e___ __ minimize, or mitigate. (c). The City of Sanford has complied with all requirements and procedures of Florida law in processing and advertising this Ordinance. (d). This Ordinance is consistent with the goals, objectives and policies of the Comprehensive Plan of the City of Sanford. Section 2. Rezoning of property/implementing actions; the S R Plumbing PD. (a), Upon enactment of this Ordinance the PD Property, as depicted in the map attached to this Ordinance, shall be rezoned to the S R Plumbing PD. (b). The City Manager, or designee, is hereby authorized to execute any documents necessary to formalize approval of the rezoning action taken herein with regard to the S R Plumbing PD and to revise and amend the Official Zoning Map or Maps of the City of Sanford as may be appropriate to accomplish the action taken in this Ordinance and as set forth herein. (c). The conditions to be incorporated into the pertinent development order relating to the action taken in this Ordinance include the following: (1). Pursuant to Section 4.3.G of the City's LDRs, this rezoning shall expire 3 years from the effective date of this Ordinance if all improvements have not been completed or an extension granted. (2). Unless specifically requested and approved on the PD Master Plan, any required elements missing from or not shown on the S R Plumbing PD Master Plan or associated PD documents shall comply with and default to the regulations in the City's LDRs. 41PaQe_ (3). A development/engineering plan prepared and sealed by a licensed Florida professional engineer meeting the requirements of the City's LDRs must be submitted and approved prior to any construction on site. With regard to this requirement, a separate development/engineering plan is required for each parcel, outparcel, or phase proposed for development within the S R Plumbing PD. (4). All permitted uses shall be consistent with permitted uses allowed in RI -1, Restricted Industrial zoning district/classification while all conditional uses, except for outdoor storage, shall require a separate application and approval process. (5). The property owner shall install a decorative and functional fountain in all wet retention ponds in accordance with Schedule "D" of the City's LDRs. (6). All permitted uses shall be consistent with permitted uses allowed in RI -1, Restricted Industrial, all other Conditional Uses except for outdoor storage will require a separate application. (7). In order to mitigate noise pollution and other impacts, the property owner shall install and maintain a fence, as approved by the City, at the beginning of the setback of 25' with enhanced landscaping, as approved by the City, in the remainder of the setback area to the property line with City -approved canopy trees centered every 30' and City -approved ground cover within the setback area. (8). The building shall be constructed with no windows on the south side, subject to meeting all building and fire codes. (9). The building shall not exceed 35' height. 51Pae _ (10). As required by the City's LDRs, the site shall be engineered with an overall comprehensive stormwater and drainage system, with special consideration being given to the following elements to minimize any water runoff onto the adjacent property: (a). Rain gutters shall be installed and incorporated into the building along the east side of the building subject to building code requirements; M (b) Any elevation changes or modification in grade due to fill in the buffer shall include drainage elements to offset said fill. (11) Any outdoor storage on site shall not exceed an overall height of (12) If City staff and the property owner are unable to agree to the details of this Ordinance or the implementing PD non -statutory development agreement in any way, the matter will be submitted to the Planning and Zoning Commission for resolution at a public hearing, and the matter will be adjudicated by means of a development order or denial development order relating thereto. (13). In agreeing to the above conditions in the subsequent PD development agreement, the property owner shall agree that, in accordance with the provisions of Section 70.45, Florida Statutes, pertaining to governmental exactions, the City has not imposed any prohibited exaction. The term "prohibited exaction" is defined by that statute to mean "... any condition imposed by a governmental entity on a property owner's proposed use of real property that lacks an essential nexus to a legitimate public purpose and is not roughly 61PaQe__ __ proportionate to the impacts of the proposed use that the governmental entity seeks to avoid, minimize, or mitigate." Section 3. Incorporation of map and S R Plumbing PD Master Plan for the S R Plumbing PD. The map attached to this Ordinance is hereby ratified and affirmed and incorporated into this Ordinance as a substantive part of this Ordinance establishing the Section 4. Conflicts. All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed. Section 5. Severability. If any section, sentence, phrase, word, or portion of this Ordinance is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or unconstitutional. Section 6. Non -codification; Implementation. (a). This Ordinance shall not be codified in the City Code of the City of Sanford or the City's LDRs; provided, however, that the actions taken herein shall be depicted on the zoning maps of the City of Sanford by the City Manager, or designee. (b). The City Manager, or designee, shall implement the provisions of this Ordinance by means of a non -statutory development agreement which shall be executed by the property owner, or their successor(s) in interest within 60 days of the effective 7 1 P a g e __ date of this Ordinance or the PD Property's zoning classification shall revert to an un -zoned property status. (c). The non -statutory development agreement referenced in Subsection (b).of this Section shall be and constitute a development order and shall not create contractual rights of the property owner against the City nor contractual obligations of the City to the property owner and, to that end, the property owner shall have no contractual rights or remedies against the City with regard to any land use action of the City. (d). The City has not waived any rights or remedies by taken the action set forth herein or in the implementing development agreement and any successive development orders and reserves any and all rights and remedies available to the City under controlling law including, but not limited to, the protections under the laws pertaining to sovereign immunity and, further, all matters set forth herein may be enforced by any code enforcement process available to the City under the provisions of controlling law. 8 1 .P. a g e__ _ _ _ Attest: Section 7. Effective Date. This Ordinance shall take effect upon enactment. Passed and adopted this 25h day of March, 2024. City Commission of the City of Sanford. Florida � A Cl Traci Houchin, MMC, FCRM c City Clerk f'. " `Mayor Approved as to form . 1 legal sufficiency" Iliam L. Colbert, City Attorney 9 1 P a - e Appendix B Commercial — Residential - Plumbing 1��hing+ti~ August 21, 2023 Dear Current Property Owner: re: Proposed Rezoning and Land Use 3539 Marquette Avenue Sanford, FL 32773 We invite you to a neighborhood meeting to review and discuss the proposed of rezoning from Agriculture, A-1 (Seminole County), to Restricted Industrial , RI -1 (City) to build a new 20,000 sqf warehouse construction for the property located at 3539 Marquette Avenue. The proposed warehouse includes a building structure, with offices, breakroom, washrooms and meeting room, outdoor storage, plus parking spaces. A preliminary site plan concept is provided on the reserve side of this notice. The neighborhood meeting will provide the local community with a venue to discuss the proposed use and improvements to the property, to provide support for the proposal, or voice any concerns there may be with the plan. All are welcome. A full-sized copy of the site plan submitted to the city will be available for review at the neighborhood meeting. If you are unavailable to attend but have questions to ask or comments to provide, please email those questions or comments to Samuel Rivera at sam@srlplumbina.com. The meeting will be held at the following location and time: LOCATION: Seminole County Public Library 150 N. Palmetto Avenue Sanford, Florida 32771 DATE: Friday, September 1, 2023 TIME: 9:30am to 11:30am Sincerely, S R Plumbing, LLC Samuel Rivera President 4208 Daubert Street Orlando, FL 32803 Tel: (407) 275-9614 Fax: (407) 275-9615 MWBE Page 2 Preminary Site Plan Concept 3,200 sqt office 20,000 sqt Building Warehouse OHD v a w Storage -ete Pad 3539 Marquette Ave Sanford FI 32773 Acres: 4.57 Parcel No. 03-20-31-5AY-0000-0346 4208 Daubert Street, Orlando, FL 32803 Tei: (407) 275-9614 Fax: (407) 275-9615 MWBE Brief Narrative of Plans Our plans at 3539 Marquette Avenue Sanford, FL 32773 include a 20,000 square feet warehouse and outdoor storage plus parking spaces. The warehouse is a building structure, with offices, breakroom, washrooms, and meeting room. The North 1/2 of tbe West 1/2 of lot 34, SANFMD CEM DELTA, according to the Flat thereofrecorded in Plat book 1, Pages 7S • 76, of Public Records of Seminole Qway, Florida. AND The r r of of r F't" i Vit' DUTA, according to the plat tbereof as recorded'qtr. Pages:,.W 76, io Publicf the RecordsofSeminoleOxmty, Florida. W 1/2 COR SEC 9-20-31 FIND CMON � 13291 LOT 35 CENTER OF SEC 9-20.31 ROUNDARYSURVEY LEGAL DESCRIPTION D, 40 80 _„ �'T T`_ O %SURVEY: THE WEST %2 OF LOT 34, SANFORD CELERY DELTA AS RECORDED IN PLAT BOOK 1, PAGES 75 St 76, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. f INCH WI0 FEET NG: DRAWING: 23.07.175 3539 INMARQUETTE C.ONSULTARTN W 1/2 COR SEC 9-20-31 FIND CMON � 13291 LOT 35 CENTER OF SEC 9-20.31 VERTICAL DATUM....n NORTH AMERICAN VERTICAL DATUM OF 1988 BASED ON THE FLORIDA PERMANENT REFERENCE NETWORK ............... NORTH AMERICAN OAKUM OF 1983, 2011 ADJUSTMENT, ZONE 0901, FLORIDA EAST. THE OASIS OF BEARING FOR (FPRM CONTINUOUSLY OPERATING REFERENCE STATIONS(CORSI: SNFD, DLND,&TTVL. THIS SURVEY IS THE X UNE, BEING NOD•00'00"E, PER PLAT. FIELD DATE: 08/07/2023 PRINT DATE: 08/08/2023 1 HEREBY CERHFY THATTHIS SITE PLAN ISTRUE LEGEND&SYMBOLS *•BENCHMARK FIELD CREW: BH DRAFTER: EH AND CORRECTTOTHE BEST OF MY KNOWLEDGE PSM • PROFESSIONAL SURVEYOR & MAPPER in UCFNSf.D BUSINESS DRAINAGE ARROW AND THAT THIS SURVEY MEETS THE STANDARDS OF ORIOA LOTSIZE: 202,306 SQ FT ` 4.64 AC CERTIFICATIONS: E is UCENSED SURVEYORROAD .T.1-' • - ADMINISTRATIVE CODE, PURSUANT OSECTION SUAMTOSECTEP LOT ADDRESS: IND FOUND GROUND sn sGi1BR'17I• xrin: =ORouND GRabE SR 472.W70FTHE FLORIDASTATUTES. THIS SITE PIAN 72,027OFTHELOIDAST IRP:1 = Ru'N-IIIx Ln I 1, .[ICT PROPOSED GRADE 3539.MARQUETTE AVE, sem6iD8llC HoustoETitle, tlC Fidelity Nat{onal Title Insurance Company IS NOT VAUD WITHOUT EITHERTHE SIGNED AND NUOI, NAFURVI9MI SANFORD, FLORIDA 32J73. OR ORIGINALSIGNAEDSEif lM MONUMEHI u saNITARV MANHOLE A VIEWING A POFC COPY BATE COMMENT � 'IM(ONCneIE rvP « IYWCA/. FIE I INSHEDFIOO1t ELCVA1fDN s� WELL RTE = BASE. FLOOD ILEVANON !�W THE OKHVIEWING THESIGNAT THE SURVEY. THE DIGITAL COPY Of THE SIGNATURE THESDKHTSURVEY. IS NOT VAUD WHEN PRINTED. . IISt • OUKUNU Sf,TIW:K LINE ® OM - DENCIIMnRK = WATERMETER fi2 PP POWEn POLE • ELECTRIC METER l' (DIC�It,,a,.IIIY rREV A -FIRM INFORMATION: - CO = CONCRETE SW CONCRETE o CLEANOUT ® AT !! signed b Faun 7*"Ig yF.P EDGE OF PAVEMENT m-ELECTNCALITSER UPON MY REVIEW OF WE -ROOD INSURANCE RATE MAP'Of SANFORD, HORIUN COMMUNNY PANELNo.aCCAR' - HOffineleF • CORRUGATEDMETALWPC INV INVERT Q TELEPUONENISER CODW, WRIIANErFECTNE 0ATCOP09/NUZ007,FNIS PROPERTYVEStVITIRN FLOOD ZONE"%"DEFINED IN ARRITOF-WAY m "FAIRE RISER STANDAR05. ,y O Pate: aRAV A/C • NRCONDT110NER (n POWER POLE 2Q210848, Q21088 DRAINAGE CASEMENT DQVALVE = SURVEYOR'S NOTES ,II.T.. 0610:5 WGF > woobBOMOFENCF: - Or CHAIN UNKEU FENCE IRICI FOUND ADORIONs,MODIFI[ATONS.ORDEtEFIONSTOTHISSVRVEYISPR01tlRITEDWITFIOUTWRNTENCONSEtdTDY7HF SIGNNGSURVEYOA. Z - 41001 W"• VF = WHIIEVINYL FENCE " 5/e"IRCSEr IIW4. HOGWNEFCNCE O PROPERTY LINES SHOULD NOT BE RE•ESTMUSHEO 6YNOTED FENCE OR GOLDINGTIES. SPji HYlF DAfw 0WOE FENCE .' .: NLIDIFou"D IPI PIAT (M)"MEASRSED ICI-CAICEO NO UNDERGROUND INSTALLATIONS OR IMPROVEMENTS WERE LOCATED,INClU01NGBUi NOT 11M1TEO TO FAUN M. HOFFMEIER, PSM LS 6552 E%ISTING PROPOSED eHLUSET BURIED UTILITIES, FOUNDATIONS, AND rORDERS. CULVERT «� .- _FOUND - NO INSTMMUITS OF RECORD REFLECTING OWNERSIRP OR ENCUMBRANCES WERE PROVIDED, EXCEPT AS NOTED, H & H SURVEY CONSULTANTS LB 8291 ------ 'cm SET ❑ NOR DID THE SURVEYOR ABSTRACT TBESE LANDS. AN EXACTA LAND SURVEYING COMPANY senrlr/snvEn - --- OFME:I40715a2.4977 WAm& ".� M ^ W A W ELr !! OF TZ rewW�0� PRELIMINARY LISTED SPECIES/HABITAT ASSESSMENT REPORT SANFORD OFFICE/WAREHOUSE PROPERTY 3539 Marquette Ave. Sanford, Seminole County, Florida November 17, 2023 Prepared For: S.R. Plumbing Corp. 4208 Daubert Street Orlando, FL 32803 Mr. Samuel Rivera Prepared By: GEO-TECHNOLOGY ASSOCIATES, INC. Geotechnical and Environmental Consultants 4617 Parkbreeze Court Orlando, FL 32808 Phone: (321) 482-4239 www.gtaeng.com GTA Project No: 31232450 (CEO -TECHNOLOGY ASSOCIATES, INC. �vrm�mwAW GEOTECHNICAL • ENVIRONMENTAL ^ t" 1' W T CONSTRUCTION OBSERVATION AND TESTING A Practicing Geoprgfessiontit Business Associatiott ffember Firth November 17, 2023 S.R. Plumbing Corp. 4208 Daubert Stret Orlando, FL 32803 Attn: Mr. Samuel Rivera, CEO Re: Preliminary Listed Species/Habitat Assessment Sanford Office/Warehouse Property 3539 Marquette Ave. Sanford, Seminole County, Florida Dear Mr. Rivera: Pursuant to your request, Geo -Technology Associates, Inc. (GTA) has performed a preliminary listed species/habitat assessment of the above referenced property ("subject site"). The subject site encompasses approximately 4.57 acres and is located at 3537 Marquette Ave., Sanford, Seminole County, Florida. The subject site is identified as Seminole County parcel number 0320315AY000003413. The purpose of this assessment was to identify the existing land uses/habitats present, perform a preliminary wildlife assessment to identify documented listed species on or in the vicinity of the subject site, document listed species observations from GTA's site survey, and to assess the potential for the subject site to be utilized by state and federally listed species which are subject to protection under state, federal, and/or local government regulations. This Report summarizes GTA's findings. We appreciate the opportunity to have been of service to you. If you have questions or require additional information, please contact this office at (321) 482-4239. Sincerely, GEO-TECHNOLOGY ASSOCIATES, INC. David S. Whitney T. Andy Stansfield Jr. Senior Wetland Scientist Vice President DSW /TAS/ge 31232450 \\10.10.46.3\Data\05 Wet\02-Projects\2023\31232450-SR Plumbing -Sanford Property\Reports\SR Plumbing -Sanford Office -Warehouse Property - LSHA.doc 4617 hirkbree_e Coml. Orlando. FL 33808 (331) 483-4239 Abingdon, MD • Baltimore, MD • Frederick, MD • Laurel, MD • Waldorf, MD • Georgetown, DE • New Castle, DE Somerset, NJ • NYC Metro • Pittsburgh Metro • Quakertown, PA • Scranton/Wilkes-Barre, PA • York, PA Northeastern, OH • Richmond, VA • Sterling, VA • Nashville, TN • Charlotte, NC • Raleigh, NC • Greenville, SC • Orlando, FL Visit its on the web tit www.gttteig.coni TABLE OF CONTENTS 1.0 INTRODUCTION..........................................................................................................1 2.0 METHODS..................................................................................................................1 3.0 SITE CHARACTERISTICS............................................................................................... 2 3.1 Soils..................................................................................................................................... 3 3.2 United States Geological Survey Topographic Map........................................................... 3 3.3 Uplands............................................................................................................................... 4 3.4 Wetlands.............................................................................................................................4 3.5 Surface Waters.................................................................................................................... 4 4.0 PRELIMINARY LISTED SPECIES SURVEY FINDINGS........................................................ 5 5.0 PERMITTING CONSIDERATIONS................................................................................12 5.1 Saint Johns River Water Management District(SJRWMD)............................................... 12 5.2 U.S. Army Corps of Engineers (ACOE)/ Florida Department of Environmental Protection (FDEP) 404......................................................................................................................... 12 5.3 Seminole County............................................................................................................... 13 5.4 Listed Species....................................................................................................................13 TABLES Table3-1: Mapped Soil Units................................................................................. Table 4-1: Listed Species Observed or Having Potential to Occur on the Sanford Office/Warehouse Property...................................................................... APPENDICES Appendix A Figures Figure 1: Site Location Map Figure 2: Soil Survey Map Figure 3: Land Use/Land Cover Map Figure 4: Topographic Map Figure 5: NWI Wetlands Map Figure 6: Wetland Flagging Location Map Figure 7: Listed Species Observations Map Figure 8: Listed Species Database Map Appendix B Site Photographs .3 7 PRELIMINARY LISTED SPECIES/HABITAT ASSESSMENT SANFORD OFFICE/WAREHOUSE PROPERTY SEMINOLE COUNTY, FLORIDA NOVEMBER 17, 2023 1.0 INTRODUCTION Geo -Technology Associates, Inc. (GTA) conducted a preliminary listed species/habitat assessment of the above referenced property ("subject site"). The subject encompasses approximately 4.57 acres and is located at 3537 Marquette Ave., Sanford, Seminole County, Florida. The subject site is identified as Seminole County parcel number 0320315AY0000034B. (Figure 1). The subject site is located in Section 03, Township 20S, Range 31 East. The subject site is currently an undeveloped agricultural parcel. The purpose of this assessment was to identify the existing land uses/habitats present, perform a preliminary wildlife assessment to identify documented listed species on or in the vicinity of the subject site, document listed species observations from GTA's site survey, and to assess the potential for the subject site to be utilized by state and federally listed species which are subject to protection under state, federal, and/or local government regulations. At the client's request wetland boundaries were flagged for the client's surveyor to locate in the field. Field work to support this assessment was performed on November 1, 2023. 2.0 METHODS Before initiating field work, GTA reviewed public databases and aerial imagery, including National Wetlands Inventory (NWI), St. Johns River Water Management District (SJRWMD) Land Use data, Natural Resources Conservation Service (NRCS) Soil Survey, and a number of listed species databases published by the Florida Fish and Wildlife Conservation Commission (FWC), United States Fish and Wildlife Service (USFWS), and the Florida Natural Areas Inventory (FNAI). FWC databases reviewed include the Florida's waterbird colony locator (https://geodata.myfwc.com/datasets/myfwc::wading-bird-rookeries-1999/explore) and the Florida wildlife research institute (https:Hmvfwc.com/research/). USFWS databases reviewed included the IPaC(https://ipac.ecosphere.fws.gov/). Other databases reviewed include the Audubon's Eagle Watch database (https:Hcbop.audubon.org/conservation/about-eaglewatch- 1 Preliminary Listed Species/Habitat Assessment Report Sanford Office/Warehouse Property November 17, 2023 GTA Project No. 31232450 program). GTA then conducted a field review to evaluate the site for presence of wetlands, native upland habitats, and listed species that may warrant consideration for permitting and/or implementation of conservation measures prior to development. Habitats on-site were classified in accordance with the Florida Land Use Cover and Forms Classification System' (FLUCFCS). The listed species survey evaluated the subject property for occurrence by those species listed as species of special concern, threatened, or endangered by the FWC under State Rule 68A-27 of the Florida Administrative Code (F.A.C.) or by the USFWS under 50 CFR Part 17. This survey was intended as a preliminary assessment to identify listed species that occur or have potential to utilize the property based on the existing on-site habitats that may warrant consideration for species-specific surveys, permitting, or implementation of conservation measures prior to development. GTA conducted the listed species survey following guidance for general methodologies as provided in the Florida Wildlife Conservation Guide' (2018) with a focus on those listed species known or believed to occur in Seminole County within habitats similar to those found on the subject property (Table 4-1). Prior to initiating field surveys, GTA conducted a desktop analysis to review regulatory databases for documented listed species occurrences or nests (i.e., bald eagle nests, wood stork colonies, wading bird rookeries, etc.), suitable habitats in the vicinity of the property or consultation areas that overlap this property. GTA conducted field surveys on November 3, 2023, to evaluate the property for listed species or for evidence of their presence (e.g., burrows, nests, cavities, etc.). A summary of results from the preliminary listed species survey is provided in Section 4 below. No species-specific surveys were performed during this assessment. 3.0 SITE CHARACTERISTICS GTA scientists reviewed the United States Geological Survey (USGS) topographic map (Osteen, FL (Figure 2)) and the NRCS Soils Survey for Seminole County (Figure 3), and reviewed various historical aerials, prior to performing a field assessment to map the approximate extent of the land uses found on the subject site. An existing land use/habitat ' Florida Department of Transportation, January 1999 2 Developed by FWC, USFWS, and Florida Natural Areas Inventory. Preliminary Listed Species/Habitat Assessment Report Sanford Office/Warehouse Property November 17, 2023 GTA Project No. 31232450 map is provided as Figure 4 within this report. Photographs of the subject site and existing land uses are provided in Appendix B. 3.1 Soils GTA consulted the U.S. Department of Agriculture, Natural Resources Conservation Service's (NRCS) Web Soil Survey3 to determine the mapped soils units on the subject site and to identify the presence of possible hydric soils. The Soil Survey Map (Figure 3) depicts two soil units within the subject site (Table 3-1). According to the NRCS National Hydric Soils List°, two of the soil units located within the subject site contain hydric components. Table 3-1: Mapped Soil Units SYMBOL; NAMEIDESCRIPTION' HYDRIC SOILZ HYDRIC COMPONENT PERCENTAGEPOSITION OF MAPPING UNIT2 IN LANDSCAPE2 ' Basinger 60 Drainageways S Basinger and Delray Fine Yes Delray 32 on Marine Sands Malabar 4 Terraces Pineda 40 Flatwoods and Felda 6 25 Pineda-Pineda Wet, Fine Yes Valkaria 2 Drainageways Sand 0-2% Slopes Cypress Lake 2 on Marine Brynwood 2 Terraces 3.2 United States Geological Survey Topographic Map The United States Geological Survey (USGS), Osteen, FL Quadrangle, 7.5 -minute Topographic Map Series for the area (Figure 2), dated 2021, was used as a reference to identify possible wetlands or surface waters within the subject site. USGS topographic maps identify elevations, streams, ponds, wetlands, and roads. The USGS Topographic Map Marquette Avenue along the northern boundary of the subject site. The USGS Topographic Map does not depict any wetlands or surface waters on the subject site. The topography depicted on the I United States Department of Agriculture, Natural Resource Conservation Service, Osceola County, Florida Area. Survey Data Version 19, dated August 27, 2021. United States Department of Agriculture, Natural Resource Conservation Service. State Soil Data Access (SDA) Hydric Soils List. Available online at <https://www. nres.usda.gov/lntemet/FSE_ DOCUMENTS/nreseprd1316619,html#reportrefl 3 Preliminary Listed Species/Habitat Assessment Report November 1T, 2023 Sanford Office/Warehouse Property GTA Project No. 31232450 USGS Topographic Map indicates that the subject site has a generally flat topography which is approximately 25 feet in elevation. 3.3 Uplands Open Land (FLUCFCS 190/ 4.53 acres) There is approximately 4.53 acres of upland open land encompassing the majority of the subject site. The vegetation within this habitat includes a perimeter canopy of live oak (Quercus virginiana), camphor tree (Cinnamomum camphora), and cabbage palm (Sabal palmetto). There is also a scattered canopy of cabbage palm in the southern half of the site. Shrubs in this habitat include Brazilian pepper (Schinus terebinthifolia), beautyberry (Callicarpa americana), and bagpod (Sesbania vesicaria). Groundcover species in this habitat includes bahia grass (Paspalum notatum), ragweed (Ambrosia artemisiifolia), Caesar weed (Urena lobata), Spanish needles (Bidens alba), broomsedge bluestem (Andropogon virginicus), dog fennel (Eupatorium capillifolium), St. Augustine grass (Stenotaphrum secundatum), elephant's foot (Elephantopus elatus), pennywort (Hydrocotyle spp.), coinwort (Centella asiatica), variable panicum (Dicanthelium commutatum), sour paspalum (Paspalum conjugatum), and azure blue sage (Salvia azurea). 3.4 Wetlands The national wetlands inventory (NWI) map is provided as Figure 5. The NWI does not depict any wetlands or surface waters on the subject site. GTA scientists did not observe any wetlands on the subject property at the time of the field assessment. 3.5 Surface Waters GTA scientists observed a man-made ditch in the northwest portion of the subject site. The surface water boundaries on the subject site were flagged in the field for the client's surveyor. A map of the approximate wetland flag locations is included as Figure 6. Streams & Waterways/Ditch (FLUCFCS 510)/0.04 -acre) There is approximately 0.04 -acre of a man-made ditch which crosses into the northwest corner of the site. The vegetation within this habitat includes Brazilian pepper, Chinese tallow 4 Preliminary Listed Species/Habitat Assessment Report November 17, 2023 Sanford Office/Warehouse Property GTA Project No. 31232450 (Triadica sebifera), and cabbage palm along the bank. Groundcover within the ditch includes is minimal but includes St. Augustine grass and southern shield fern (Dryopteris erythrosora) along the bank. This ditch appears to flow southward from the subject site with eventual discharge into Lake Jessup. >���1����tli��tl►rL����,t��.����i�ri•1�-i�ri!rr�r►r�� GTA did not observe any listed species or indicators of their presence, such as tracks, scat, nests, burrows, cavities, etc., on the subject site during the field survey (Figure 7). Figure 8 depicts the location of the subject site in relation to the USFWS's species-specific consultation areas, nest locations, and wood stork core foraging areas (CFA) obtained from the database research performed. Table 4-1 below summarizes the listed species that have potential to occur in Seminole County; although many are unlikely to occur on the property given the lack of suitable habitat. Following Table 4-1 is a discussion specific to each of these listed species Table 4-1. Listed Species Observed or Having Potential to Occur on the N. Range Road Property. Common -Name scientific Name Legal Status Probability of Occurrence USFWS} FWC2 Reptiles Eastern Indigo Snake Drymarchon couperi T FT Moderate Gopher Tortoise Gopherus polyphemus C ST Low Birds Audubon's Crested Caracara Polyborus plancus audubonii T FT Low Bald Eagle Haliaeetus leucocephalus BGEPA3 ---- Low Eastern Black Rail Laterallus jamaicensis ssp. jamaicensis T ---- Very Low Everglade Snail Kite Rostrhamus sociabilis plumbeus E FE Very Low Florida Burrowing Owl Athene cunicularia floridana ---- ST Low Florida Sandhill Crane Antigone conadensis pratensis ---- ST Moderate Florida Scrub -Jay Aphelpcoma coerulescens T T Very Low Little Blue Heron Egretta caeruleo ---- ST Low Red -Cockaded Woodpecker Picoides borealis E FE Very Low Roseate Spoonbill Plotaleo ajoja ---- ST Low Southeastern American Kestrel Falco sparverius paulus ST Low Tricolored Heron Egretta tricolor - ST Low I.1 Preliminary Listed Species/Habitat Assessment Report Sanford Office/Warehouse Property November 17, 2023 OTA Project No. 31232450 Common Name Scientific Name', ; legal Status probability of Wood Stork Mycterio americana T FT Low USFWS — U.S. Fish and Wildlife Service; Endangered and Threatened Wildlife (50 eCFR 17.11). Ranking: E - Endangered, T — Threatened, C — Candidate. 2 FWC — Florida Fish and Wildlife Conservation Commission; Rules Relating to Endangered and Threatened Species (Ch. 68A-27 F.A.C.; updated May 2021). Ranking: FE — Federally designated Endangered, FT — Federally designated Threatened, FT(S/A) — Federally designated Threatened because of similarity of appearance, T —Threatened, ST: State -Threatened (not federally listed). 3 The bald eagle was removed from the federal list of threatened and endangered species but remains protected under the federal Bald and Golden Eagle Protection Act (BGEPA). Eastern Indigo Snake The eastern indigo snake (Drymarchon couperi) is federally listed as threatened. They are a wide-ranging predator that can be found in a variety of native habitats including pine flatwoods, scrubby flatwoods, high pine, dry prairie, wet prairie, mangrove swamps, and tropical hardwood hammocks in addition to disturbed habitats and agricultural lands. These snakes require very large tracts of land to survive. The eastern indigo snake is a commensal species commonly associated with gopher tortoise burrows when suitable habitat exists. GTA did not observe eastern indigo snakes or signs of species occurrence. Based on a review of the FWC's rare snake sightings database, the closest documented sighting of eastern indigo snakes was approximately 12 miles northwest of the subject site in Orange City, Volusia County, Florida. No gopher tortoise burrows were observed on the subject site to provide suitable refugia for the indigo snakes. The subject site is relatively maintained and open which does not provide potential refugia (mammal burrows, hollow tree bases, debris piles, tires, etc.) for indigo snakes. There are large undeveloped or low density developed tracts to the west, south, and east of the subject site which provide a potential wildlife corridor connection to the Lake Jessup conservation area to the south. Habitat fragmentation from the surrounding developments and paved roads and the lack of suitable refugia likely limits the potential for this species to be found utilizing the subject site. Eastern indigo snake concerns will need to be addressed during future U.S. Army Corps of Engineers (ACOE)/FDEP 404 permitting, if wetland or surface water impacts are proposed and the on-site wetlands/surface waters to be impacted are determined to be Preliminary Listed Species/Habitat Assessment Report Sanford Office/Warehouse Property November 17, 2023 GTA Project No. 31232450 ACOE/FDEP 404 jurisdiction, because eastern indigo snakes are a federally listed species. Federal permitting of wetland impacts will likely trigger the requirement of formal consultation with USFWS. Based on the USFWS Eastern Indigo Snake Effect Determination Key issued for South Florida (USFWS, August 2017), any projects that impact more than 25 acres of eastern indigo snake habitat (sandhill, scrub, pine flatwoods, pine rocklands, scrubby flatwoods, high pine, dry prairie, coastal prairie, mangrove swamps, tropical hardwood hammocks, hydric hammocks, edges of freshwater marshes, agricultural fields [including sugar cane fields and active, inactive, or abandoned citrus groves]) are generally keyed out as "may affect" and will require USFWS consultation and compensatory mitigation. Because no potentially occupied (active and inactive) gopher tortoise burrows were observed on the subject site, and the subject site is less than 25 acres, the USFWS may determine that the development is not likely to adversely affect the eastern indigo snake as long as the USFWS's Standard Protection Measures for the Eastern Indigo Snake (USFWS, August 2013) are utilized during future construction activities to provide additional assurances for protection of this species. The USFWS requires that the developer notify the local USFWS field office at least 30 days prior to any land clearing/alteration activities. This notification should include the eastern indigo snake protection/education plan and can be done via email. Gopher Tortoise The gopher tortoise is state listed as threatened and is a candidate for federal listing. Tortoises prefer well -drained, sandy soils typical of sandhill, xeric scrub, palmetto prairie, and pine flatwoods habitats, but can also be found in marginal habitats including roadsides, berms, pastures, and other agricultural lands. The subject site does contain suitable habitat areas for the gopher tortoise, GTA conducted a preliminary cursory survey covering approximately 75% of the suitable uplands on the subject site for gopher tortoise burrows during this assessment utilizing the FWC's Gopher Tortoise Permitting Guidelines (Revised July 2020). GTA did not observe any potentially occupied gopher tortoise burrows on the subject site during this preliminary assessment. Due to the presence of suitable habitat on the subject site, a formal gopher tortoise burrow survey covering 100% of the suitable gopher tortoise habitat should be performed within 90 days of land clearing activities to locate gopher tortoise burrows at that h Preliminary Listed Species/Habitat Assessment Report Sanford Office/Warehouse Property November 17, 2023 GTA Project No. 31232450 time. If potentially occupied burrows are found at that time, the developer should obtain a gopher tortoise relocation permit from the FWC and relocate all tortoises with burrows located within 25 feet of the proposed construction activities to an FWC approved off-site recipient site prior to commencement of any construction. Audubon's Crested Caracara The subject site lies within the USFWS's consultation area for the Audubon's crested caracara (Polyborus plancus audubonii). This species prefers wet or dry prairie habitats with scattered cabbage palm trees for nesting and foraging. It can also be found in lightly wooded areas and pastures. It's nesting habitat in Florida typically consists of large expanses of pastures, grasslands, or prairies with shallow ponds, seasonal wetlands, and sloughs. The subject site has scattered cabbage palms present. However, the site is very small in size, open lands have high grasses/shrubs, the immediate vicinity of the site contains minimal suitable habitat, and the vicinity of the site is developed with the Sanford airport to the north, sports complex to the east, and scattered residential subdivisions to the east and west, all of which limit the potential for this species to be found utilizing the property for foraging or nesting. No caracaras or nests were observed during this assessment. This assessment was performed in November and formal nesting surveys are to be performed during January through March when nesting is at its peak. Based upon the size of the subject site, surrounding land uses, and land uses in the vicinity, the development of the subject site is not likely to adversely affect caracaras. While no longer listed by the USFWS or FWC as a threatened or endangered species, the bald eagle (Haliaeetus leucocephalus) is afforded protected under the federal Bald and Golden Eagle Protection Act (BGEPA). Restrictions with development apply to the primary (330 -foot) and secondary (660 -foot) protection zones surrounding the nest as regulated by USFWS based on recommendations in the National Bald Eagle Management Guidelines (May 2007) for avoiding disturbance to bald eagles and their young. According to the FWC Historic Eagle Nest Locator (_https://geodata.myfwc.com/datasets/`mvfwc::eagle-nesting/explore) and Florida Audubon's EagleWatch database (https://cbop.audubon.org/conservation/about-eaglewatch- 0 Preliminary listed Species/Habitat Assessment Report November 17, 2023 Sanford Office/Warehouse Property GTA Project No. 31232450 program), the closest known nest (SE040) is located approximately 1,690 feet northeast of the subject property (Figure 8), which is at a distance greater than which potential disturbance is a concern. No bald eagles or nests were observed during the field survey. The subject site provides only minimally suitable nesting habitat for this species due to the presence of large oak trees around the perimeter. Everglade Snail Kite The Everglade snail kite (Roshrhamus socialilis plumbeus) is a federally endangered species. The subject site occurs within the USFWS consultation area for this species. This small raptor's diet consists almost exclusively of apple snails (Pomacea paludosa). Snail kites require shallow freshwater marsh habitats that are capable of supporting healthy apple snail populations. They are primarily found along the shorelines of freshwater lakes and marshes within the upper St. Johns River, and Kissimmee River basins, Lake Okeechobee, Loxahatchee National Wildlife Refuge, in Broward, Palm Beach, and Date Counties, and in sections of Big Cypress National Preserve and Everglades National Park. Snail kites nest in colonies over water in shrubs or low trees year-round. The ditch on the subject site does not provide good foraging opportunities for this species and no suitable nesting habitat exists on the site. No snail kites were observed onsite. Therefore, it appears that the development of the subject site is not likely have an adverse effect on Everglade snail kites. Florida Burrowing Owl The burrowing owl (Achene cunicularia floridana) is state listed as a threatened species. The species inhabit sandhills, ruderal communities, dry prairies, and pasture with minimal groundcover vegetation. No burrowing owls nor burrowing owl burrows were observed onsite. According to historical FWC data, the closest documented sighting of Florida burrowing owls was located over 17 miles west of the subject site in the Rock Springs Run State Preserve. Due to the lack of documented presence of Florida burrowing owls in the vicinity of the subject site, and the relatively high water table, the development of the subject site is not likely to have an adverse effect on burrowing owls. A survey for burrowing owl 9 Preliminary Listed Species/Habitat Assessment Report Sanford OfficefWarehouse Property November 17, 2023 GTA Project No. 31232450 burrows can be performed during the formal 100% gopher tortoise survey within 90 days of construction commencement to evaluate for potential occupancy by burrowing owls. The burrowing owl survey shall follow FWC's Species Conservation Measures and Permitting Guidelines for Florida Burrowing Owls (April 2019). Florida Sandhill Crane The Florida sandhill crane (Antigone canadensis pratensis) is state listed as threatened and typically nest in shallow, freshwater marshes between the months of February and April, depending on hydrologic conditions. This preliminary assessment was not performed during the typical nesting season for the sandhill crane (February to April). This species utilizes open, grassy areas including pastures, agricultural lands, and golf courses for foraging. GTA did not observe any Florida sandhill cranes on the subject site during this preliminary assessment. There was no suitable nesting habitat observed on the subject site. Due to the lack of nesting habitat on-site or in the immediate vicinity, it is unlikely that the development of the subject site will have an adverse effect on Florida sandhill cranes. Florida Scrub -Jay The site lies within the USFWS's consultation area for the Florida scrub -jay (Aphelocoma coerulescens), which is federally listed as threatened. This species inhabits low, open xeric oak scrub throughout peninsular Florida. No suitable xeric habitat exists on or immediately adjacent to the subject parcel. Therefore, they are not expected to occur onsite, and the future development of the subject site is not likely to have an adverse effect on Florida scrub -jays. Southern American Kestrels The Southeastern American kestrel (Falco sparverius paulus) is listed as a State - threatened species. The species inhabits open lands where both foraging and nesting opportunities exist. They tend to nest in natural cavities of dead trees (snags) and abandoned woodpecker nests. No kestrels were observed onsite during the assessment and the site lacks 10 Preliminary Listed Species/Habitat Assessment Report Sanford Office/Warehouse Property November 17, 2023 GTA Project No. 31232450 snag trees for nesting and open lands for foraging/nesting. it is unlikely that the development of the subject site will have an adverse effect on southeast American kestrels. Wood Stork The wood stork (Mycteria americana) is federally listed as threatened. It nests during the winter and early spring in colonies located in woody vegetation over standing water or on islands surrounded by relatively broad expanses of open water. Wood storks normally feed in relatively calm waters between 2 and 15 inches deep that are uncluttered by aquatic vegetation. In central Florida, the USFWS designates a 15 -mile Core Foraging Area (CFA) buffer around nesting colonies. The site is not located within the CFA of any known wood stork colonies (Figure 8). No wood storks were observed on the subject property at the time of this preliminary survey. The ditch on the site may provide very limited suitable foraging habitat (SFH). No suitable nesting habitat is found on-site. Because the SFH (ditch) on the subject site is not located within the CFA of any active wood stork colonies, impacts to foraging wetlands/surface waters will not require compensatory mitigation to provide an equivalent benefit to the species and result in no net loss of wood stork foraging habitat. Therefore, the development of the subject site should have no impact on the wood stork. State Listed Wading Birds (little Blue Heron, Tricolored Heron, and Roseate Spoonbill) GTA evaluated the project site for state listed wading birds including the little blue heron (Egretta caerulea), tricolored heron (Egretta tricolor), and roseate spoonbill (Platalea ajaja). No listed wading birds were observed on-site during the assessment. The subject site contains surface waters that could be used as foraging habitat for wading birds. However, no suitable nesting habitat is found on the subject site. Based on the FWC's water bird colony locator database, the closest documented wading bird colony is located approximately 2.6 miles south of the subject site. This colony was last known to be active in the 1990s. Therefore, the development of the subject property should have no adverse effect on state listed wading bird species. 11 Preliminary Listed Species/Habitat Assessment Report Sanford Office/Warehouse Property November 17, 2023 GTA Project No. 31232450 5.0 PERMITTING CONSIDERATIONS 5.1 Saint Johns River Water Management District (SJRWMD) The site contains surface waters that are jurisdictional to the SJRWMD. Wetlands and surface waters on the subject site were flagged by GTA and a map illustrating approximate flag locations is included as Figure 6. Future development of the subject site that impacts the ditch may require compensatory mitigation for any direct or secondary impacts as the ditch appears to have been excavated from an area of historic hydric soils. To avoid direct or secondary impacts to wetlands/surface waters, an undisturbed upland buffer of an average of 25 -foot width, with a minimum 15 -foot width, will be required by the SJRWMD. All wetland/surface water lines will need to be verified by the SJRWMD during future permitting to confirm their size and whether or not mitigation would be required for any proposed impacts. The subject site is located within the Lake Jessup drainage basin. If impacts to surface waters jurisdictional to the SJRWMD are proposed and mitigation is required, the SJRWMD will require mitigation be performed within the same drainage basin as the project. GTA reviewed the FDEP Mitigation Bank Service Area Map in the Map Direct system (https://ca.dep.state.fl.us/mapdirect/?app=mitbanl<). There are currently no mitigation banks located within the Lake Jessup drainage basin with state credits available to use for compensatory mitigation. If mitigation is determined to be required for surface water impacts during future permitting of site development, mitigation via on-site creation or on off- site private land within the Lake Jessup drainage basin will likely be required. 5.2 U.S. Army Corps of Engineers (ACOE)/ Florida Department of Environmental Protection (FDEP) 404 According to the FDEP's Retained Waters database (https://hub.arcgis.com/datasets/FDEP::retained-waters-list-waterbodies/about), no wetlands or surface waters found on the subject site are considered "retained" by the ACOE. On December 22, 2020, U.S. Environmental Protection Agency (EPA) delegated the Clean Water Act Section 404 (Dredge and Fill) permitting to the FDEP for "assumed" waters which is now referred to as the State 404 Program. The on-site ditch may be considered Waters of the U.S. (WOTUS) by the FDEP/ACOE due to downstream connections to Lake Jessup. Federal 12 Preliminary Listed Species/Habitat Assessment Report Sanford Office/Warehouse Property November 17, 2023 GTA Project No. 31232450 jurisdiction will be confirmed during future permitting if impacts to surface waters are proposed by future development. A wetland determination and WOTUS determination can be applied for prior to permitting development if desired. The FDEP will be engaged during the SJRWMD permitting process and a FDEP 404 permit may be required to address impacts to Section 404 wetlands or surface waters. Similar to the ACOE, the FDEP would also require avoidance/minimization of impacts and an alternatives analysis that considers both on-site alternatives and alternative Parcels that were evaluated for avoidance/minimization of impacts to wetlands and surface waters that are determined to be under federal jurisdiction. FDEP will also require mitigation for WOTUS impacts through either a mitigation bank, on-site mitigation, or on off-site private mitigation lands. The FDEP typically requires the use of a mitigation bank (under the State 404 Program) as first alternative unless there are extenuating circumstances (i.e., no mitigation banks available or no federal credits available). At the time of this assessment, there were two mitigation banks with federal credits available in the service area of the subject site that can be used to offset federal wetland/surface water impacts. These banks include Colbert Cameron Mitigation Bank and East Central Mitigation Bank. The current cost of federal credits is $30,000.00 per credit. 5.3 Seminole County According to Chapter 70, Section 70.4, of the Seminole County Land Development Code (LDC) a dredge and fill permit must be obtained for work in any waters of the County. Chapter 30, Part 52 of the LDC describes the regulations for wetland impacts. However, no wetlands were observed on the subject site at the time of the assessment. Therefore, Chapter 30, Part 52 does not apply to this site. 5.4 Listed Species No direct observations of listed species occurred during the preliminary survey performed by GTA. There were also no nests, dens, snags, burrows, tracks, or scat observed that would indicate the subject site is utilized by any listed species. However, based on the location of the site, the existing land uses, and the land uses within the immediate vicinity of 13 Preliminary Listed Specles/Habitat Assessment Report Sanford Office/Warehouse Property November 17, 2023 GTA Project No. 31232450 the subject site, there are a few considerations with respect to listed species associated with future development. The project will need to adhere to state and federal guidelines mandated by the FWC and USFWS. The following is a summary of permitting and/or agency consultation GTA reasonably expects that will need to be addressed for certain listed species based on our findings outlined in Section 4.0. GTA anticipates that additional surveys, coordination, and/or permitting may be required with both USFWS and FWC to resolve issues with certain listed species, such as the eastern indigo snake, gopher tortoise, and the wood stork. Below is a brief summary of the permitting considerations or recommendations for each of these species. Gopher Tortoise GTA conducted a preliminary cursory survey of approximately 75% of the suitable uplands on the subject site for gopher tortoise burrows during this assessment utilizing the FWC's Gopher Tortoise Permitting Guidelines (Revised July 2020). GTA did not observe any potentially occupied gopher tortoise burrows on the subject site. However, due to the presence of suitable habitat on the subject site and adjoining properties, a formal gopher tortoise burrow survey covering 100% of the suitable gopher tortoise habitat should be performed within 90 days of land clearing activities to locate current burrow locations on the property, if any. If any potentially occupied gopher tortoise burrows are found at that time, a relocation permit will need to be obtained from FWC to relocate tortoises within 25 feet of the proposed project area to an off-site recipient site prior to commencement of any construction activities. Eastern Indigo Snake The eastern indigo snake (Drymarchon couperi) is federally listed as threatened. They are a wide-ranging predator that can be found in a variety of native habitats including pine flatwoods, scrubby flatwoods, high pine, dry prairie, wet prairie, mangrove swamps, and tropical hardwood hammocks in addition to disturbed habitats and agricultural lands. These snakes require very large tracts of land to survive. The eastern indigo snake is a commensal species commonly associated with gopher tortoise burrows when suitable habitat exists. 14 Preliminary Listed Species/Habitat Assessment Report November 17, 2023 Sanford OfceJWarehouse Property GTA Project No. 31232450 Because no potentially occupied (active and inactive) gopher tortoise burrows were observed on the subject site, and the subject site is less than 25 acres, the USFWS may determine that the development is not likely to adversely affect the eastern indigo snake as long as the USFWS's Standard Protection Measures for the Eastern Indigo Snake (USFWS, August 2013) are utilized during future construction activities to provide additional assurances for protection of this species. The USFWS requires that the developer notify the local USFWS field office at least 30 days prior to any land clearing/alteration activities. This notification should include the eastern indigo snake protection/education plan and can be done via email. This Report was prepared by GTA for the sole and exclusive use of S.R. Plumbing, Corp. Any reproduction of this Report by any other person without the expressed written permission of GTA and S.R. Plumbing Corp. is unauthorized, and such use is at the sole risk of the user. ***** END OF REPORT ***** 15 3 ■ ■_■r . � ■ IF--® w OL ! 9w •r APPENDIX A Figures R 40:1* ' 4� :ire?, i��MP'� _'�!-`R+�• ,•'"2j� q�^h.. �' �' L+WP16- s.<� JI��Id Hydric j Percentage of Position in Symbol Name/Description Hydric Soil Component Mapping Unit Landscape Basinger 60 9 Basinger and Delray fine Yes Drainage ways on Delray 32 sands marine terraces Malabar 4 Pineda 40 Pined wet, fine Felda 6 Flatwoods on marine 25 sand, 0-2% slopes Yes Valkaria 2 terraces, drainage ways —moi , yp on marine terraces Cypress Lake 2 Brynwood 2 Legend a '°°F o, SR PLUMBING Q Approximate Subject Property Boundary SANFORD, SEMINOLE COUNTY, FLORIDA USDA SOIL SURVEY MAP �® . • �_ GEO-TECHNOLOGY ASSOCIATES, INC. GEOTECHNICAL AND ENVIRONMENTAL CONSULTANTS r 4617 PARI®REEZE COURT ORLANDO, FLORIDA 32808 (321)482-0239 www.glaeng.com ©Geo -Technology Associates, I= PROJECT: 31232450 DATE: 11/14/2023 SCALE: 1":100' DRAWN BY: KLJ REVIEW BY: DSW I FIGURE: 3 tec wo it r -.0 IN 71, Legend 0 75 150F.., SIR PLUMBING Approximate Subject Property Boundary Freshwater Emergent Wetland SANFORD, SEMINOLE COUNTY, FLORIDA FNATIONAL WETLAND INVENTORY Freshwater Pond Riverine GEO-TECHNOLOGY ASSOCIATES, INC. GEOTECHNICAL AND ENVIRONMENTAL CONSULTANTS Freshwater Forested/Shrub Wetland 4617 PARKBREEZE COURT ORLANDO, FLORIDA 32808 Mars 2022803, SmIW a Count' 0,. rm m:e C—IM2 1. S3 of FbeMe, Se Wt Cwn--y FL -USA. I 5CM P-202112" (321) 482-4239 www.gtaeng.com @ Geo -Technology Associates, I= PROJECT: 31232450 DATE: 11/14/2023 1 SCALE: 1:150 DRAWN BY: KLJl I REVIEW BY: DSW I FIGURE: 5 m w---lm MLIW w APPENDIX B Site Photographs Photo Page I Sanford OfficelWarehouse Property Date Photographed. October 2023 GTA Proiect No. 31232450 Photograph 1: View from the northeast property corner facing south along the east property boundary. Photograph 2: View from the northeast property corner facing southwest. Photo Page 2 Sanford Offnce/Warehouse Property Date Photographed. • October 2023 CTA Proiect No. 31232450 �I t'y r Photograph 3: View from the northeast property corner facing west along the north property boundary. Photograph 4: View of the open land habitat (FLUCFCS 190) in the southwest portion of the property. Photo Page 3 Sanford Office/Warehouse Property) Date Photographed: October 2023 GTA Project No. 31232450 Photograph 5: View from the southwest portion of the property facing north through the open land habitat (FLUCFCS 190). Photograph 6: View from the southwest portion of the property facing northeast into the open land area (FLUCFCS 190) with scattered cabbage palms. Photo Page 4 Sanford Office/Warehouse Property Date Photographed: October 2023 GTA Project No. 31232450 Photograph 7: View from the northwest portion of the property facing south through the open land habitat (FLUCFCS 190). Photograph 8: View of the man-made ditch (FLUCFCS 510) located in the northwest portion of the property. Photo Page 5 Sanford Office/Warehouse Property Date Photographed: October 2023 GTA Project No. 31232450 Photograph 9: View from the northwest portion of the property facing southeast. Photograph 10: View from the northwest portion of the property facing south along the west property boundary. TO: Arturo J. Perez, P.E. Public Works Department/Engineering Division FROM: Turgut Dervish, P.E. w DATE: November 30, 2023 RE: Trip Generation Memorandum Plumbing Warehousing TPD No. 5885 This technical memorandum provides an overview of the traffic analysis conducted to document the trip generation of the proposed office/warehouse development for a plumbing business. Proposed Development The proposed development consists of 84.711 square feet of office/warehouse with outdoor storage, located on the south side of Marquette Avenue, approximately 1,150 feet west of its intersection with Skyway Drive, Seminole County. The office component consists of 4,000 square feet in support of the warehousing facility. Figure 1 depicts the site location and Figure 2 provides a preliminary conceptual plan. Trip Generation The trip generation of the proposed development was calculated using data provided by the 11th Edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual. The results of the trip generation calculations are summarized in Table 1 and ITE trip generation sheets are included in Attachment A. As shown in the table, the project is projected to generate 173 daily trips with 14 new trips occurring in the A.M. peak hour and 15 new trips occurring in the P.M. peak hour. Table 1 Trin ('anpratinn Calculatinn Siimmary ITE LUC Land Use Size (KSF) Daily A.M. Peak Hour P.M. Peak Hour Rate Trips Rate Enter Exit Total Rate Enter Exit Total 150 Warehousing (with outdoor storage) 84.711 2.04 173 0.17 11 3 14 0.18 4 11 15 1 1 Total New Tris 173 -- 11 3 14 -- 1 4 111 15 1- KSF = 1,000 square feet 2- ITE equations were used where RZ>0.75 Traffic Planning and Design, Inc. 535 Versailles Drive, Maitland, Florida 32751 ■ Phone (407) 628-9955 ■ Fax (407) 628-8850 a www.tpdtraffic.com C c 8 j' 'A " 0 v o � i+ �: raj ' any dnssa� ✓r v `mss w .sa6pu8 � `. ��` any�,ueBiyaiyy Z�� 1 r� i YMI{S{$ W •F '� lQ deM�t�B C 9., .- J' AHAA oeuuel „x VIM to }, r Vii? ��� � . • A A� 'r 4 anti sadig � � m r y: `r"� id ; .', ti � �`y'r�i 1!t,p 'M."i n �ICt�'� 5.., .•2: f E 7�y KR` �. Plumbing Office " Project Ns 5885 Site Plan Figure 2 �_ Plumbing Office Trip Generation Memorandum November 30, 2023 TPD No. 5885 Page 4 Trip Distribution Based upon our knowledge of the area and its socioeconomic characteristics, a distribution pattern for the project trips was determined as follows: • To/From the west on East Lake Mary Boulevard..............54% • To/From the east on East Lake Mary Boulevard ..............46% Roadway Capacity Access to the site is proposed via a full access driveway on Marquette Avenue, a local roadway which connects to East Lake Mary Boulevard. The impacted roadway was analyzed to assess the impact of the proposed project upon buildout. Table 2 is a capacity analysis of the closest major roadway segment providing access to the proposed development. This analysis indicates that the impacted roadway segment of East Lake Mary Boulevard will operate satisfactorily within its adopted LOS at the completion of the project and has ample excess capacity for the proposed development. Relevant roadway capacity information is included in Attachment B. Table 2: uaily Koadwav caDaclty Analysis Background Daily Project Daily Count Roadway Ln Daily Traffic Daily Trips tal Available LOS ID Segment Capacity Volume Capacity Met? Existing Committed % Vol East East Lake Mary Boulevard Red Cleveland 152 A Blvd to 4 42,560 20,005 9,335 54% 93 29,433 13,127 Yes Cameron Ave Plumbing Office Trip Generation Memorandum November 30, 2023 TPD No. 5885 Page 5 Parking Review It is propsoed that 60 parking spaces be provided for this development. Based upon the 6th Edition of the ITE Trip Generation Manual, warehosuing faiclities require 0.37 spaces per 1,000 square feet of building area. Applying this rate to the proposed developemnt results in 31 spaces. Therefore, the proposed parking of 60 spaces is considered adequate for the development. The ITE parking generation sheet is included in Attachment A. Conclusions The proposed development will consist of an office/warehouse with outdoor storage, located on the south side of Marquette Avenue, approximately 1,150 feet west of its intersection with Skyway Drive, Seminole County. The project is projected to generate 173 daily trips with 14 new trips occurring in the A.M. peak hour and 15 new trips occurring in the P.M. peak hour. The closest impacted roadway segment of East Lake Mary Boulevard was analyzed and shown to have ample capacity to accommodate the new trips generated by the proposed project. The development is proposing to provide 60 parking spaces, which would be adequate as per ITE standards. `0%il/lllit,,1/1 A�.y,No ��NsL''�y'' r /�jd�si• VN, Attachment A Trip Generation Information Warehousing (150) Vehicle Trip Ends vs: 1000 Sq. Ft. GFA On a: Weekday Setting/Location: General Urban/Suburban Number of Studies: 31 Avg. 1000 Sq. Ft. GFA: 292 Directional Distribution: 50% entering, 50% exiting Vehicle Trip Generation per 1000 Sq. Ft. GFA Average Rate Range of Rates Standard Deviation 1.71 0.15-16.93 1.48 Data Plot and Equation 6000 4000 2000 0 0 1000 X Study Site Fitted Curve Equation: T =1.58(X) + 38.29 2000 X = 1000 Sq. Ft. GFA Fitted Curve 3000 - - - - - Average Rate R'= 0.92 4000 OF General Urban/Suburban and Rural (Land Uses 000-399) 95 X i i , is i i i i i i i i i i i i i 0 0 1000 X Study Site Fitted Curve Equation: T =1.58(X) + 38.29 2000 X = 1000 Sq. Ft. GFA Fitted Curve 3000 - - - - - Average Rate R'= 0.92 4000 OF General Urban/Suburban and Rural (Land Uses 000-399) 95 Warehousing (150) Vehicle Trip Ends vs: 1000 Sq. Ft. GFA On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. Setting/Location: General Urban/Suburban Number of Studies: 36 Avg. 1000 Sq. Ft. GFA: 448 Directional Distribution: 77% entering, 23% exiting venicie i rip generation per -iuuu bq. rt. gra► Average Rate Range of Rates Standard Deviation 0.17 0.02-1.93 0.19 Data Plot and Equation N a C W C CL 600 400 200 0 0 1000 X Study Site Fitted Curve Equation: T = 0.12(X) + 23.62 2000 X = 1000 Sq. Ft. GFA Fitted Curve 96 Trip Generation Manual 11th Edition - Volume 3 3000 - - - - - Average Rate R2= 0.69 4000 Warehousing (150) Vehicle Trip Ends vs: 1000 Sq. Ft. GFA On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. Setting/Location: General Urban/Suburban Number of Studies: 49 Avg. 1000 Sq. Ft. GFA: 400 Directional Distribution: 28% entering, 72% exiting Vehicle Trip Generation per 1000 Sq. Ft. GFA Average Rate Range of Rates Standard Deviation 0.18 0.01-1.80 0.18 uata clot ana 1 600 F- `o c W CL 400 200 XX X X XX X 0 0 1000 X Study Site Fitted Curve Equation: T = 0.12(X) + 26.48 2000 X = 1000 Sq. Ft. GFA Fitted Curve 3000 - - - - - Average Rate R'= 0.65 4000 ,`�Uw � General Urban/Suburban and Rural (Land Uses 000-399) 97 i X i i , i i i i i i i i , i i i i i ------------ ........ - --------- i i , a i i i i , X i X i ,'X X XX X 0 0 1000 X Study Site Fitted Curve Equation: T = 0.12(X) + 26.48 2000 X = 1000 Sq. Ft. GFA Fitted Curve 3000 - - - - - Average Rate R'= 0.65 4000 ,`�Uw � General Urban/Suburban and Rural (Land Uses 000-399) 97 Warehousing (150) Peak Period Parking Demand vs: 1000 Sq. Ft. GFA On a: Weekday (Monday - Friday) Setting/Location: General Urban/Suburban Number of Studies: 31 Avg. 1000 Sq. Ft. GFA: 220 Peak Period Parking Demand per 1000 Sq. Ft. GFA 33rd / 85th Average Rate Range of Rates Percentile 0.37 0.03-1.96 0.33 / 1.11 Data Plot and Equation 800 600 ro 400 Q. CL F-4 X X X x x x x x 0"- 0 500 X = 1000 Sq. Ft GFA X Study Site — Fitted Curve Fitted Curve Equation: P = 0.40(X) - 6.36 95% Confidence Standard Deviation Interval (Coeff. of Variation) 0,29-0.45 0.22 (59%) 1,000 in ER 1,500 Average Rate R1= 0.87 Parking Generation Manual, 6th Edition 0 institute of Transportation Engineers Attachment B Seminole County's Roadway database O H rA ,It 00 O �,O �1D O : M O N O O in N M O1, N M 0 N d O LL f� O U o al U U ACdl � U ?. U U H °? u04CA to O O �10 to M O N O O in N M O1, N M 0 N d O LL U O Q Cd E U U ?. U U H °? u�uz u04uz N N > O N E cz U CU N to O M O LL U U U u�uz N > O N E cz U CU N G' y£! v \ & § _�! ) \ w ! ■ - - �§ � 0 �( - 0 � ui U LL LU §. U -j ( k!(\ * !!§,! � �S k 0 W O g E `§! > k §5! O § § § 7 §)( ƒ ) e ( �0 cc |}(); -|`]; ;,- Lf) ; ) ;\&! n ry � § §E |!7§ §§;E§ u»§;f xk ) kgo E- ��: ! §§! § `�}®( ems§§B § (\§§7 §|B§E 3§ §k§ \�� o /3§ - aao'N" q 301330 Efte IId b S IM Egg o I $ • v IIs Niki 831SVW 7 : 3 B S bt z $ v 5 e 'SCC `te a p, ll NMI 9a$�msF �e gg _ �� .tet• iu' z y @@ s �' .� �' •�' v; 6 �^'.?,� A" g, "r �'' .,'' S � fir � ' 117 ��� ,� � ����., A�' � •A.•r. til hY �'� jii ���Yi ��'�il��k tii��Yl�,�� �I��4 � � � � ^� ---------------- 3 i X i $ p¢g 3 ggyy li zrII 15� _ ,. TARMAC WAY -.......... wv Site • Marquette Avenue 1 1 1111 1 pd CENTERLINE LANE -, e SITE �. - — _ �4 •CC v U } R gat e AA Ila 9K9s. lot wv Site • Marquette Avenue 1 1 1111 1 pd CENTERLINE LANE -, e SITE �. - — _ �4 •CC v U Zoning CENTERLINE LANE Sanford AG (Agriculture) PD (Planned Development) RI -1 (Restricted Industrial) Seminole County TARMAC WAY -J A-1 (Agriculture) - _ MMQUEM AVENUE SITE MARY WU►VAP-D N Site 3539 Marquette Avenue 03-20-31-5AY-0000-0346 A .. AFFIDAVIT OF OWNERSHIP AND DESIGNATION OF AGENT Mww f.ldfl..- Please use additional sheets as needed. If any additional sheets are attached to this document, please sign here and note below: I. Ownership Samuel Rivera (S R Plumbing, LLC) hereby attest to ownership of the property described below: Tax Parcel Number(s): 03-20-31-5AY-0000-034B Address of Property: 3539 Marquette Ave Sanford, FL 32773 for which this Annexation/SSCPAIPD Rezoning application is submitted to the City of Sanford. II. Designation of Applicant's Agent (leave blank if not applicable) As the owner/applicant of the above designated property for which this affidavit is submitted, I designate the below named individual as my agent in all matters pertaining to the application process. In authorizing the agent named below to represent me, or my company, I attest that the application is made in good faith and that all information contained in the application Is accurate and complete to the best of my personal knowledge. 14.,— Applicant's Agent (Print): Randy Morris Signature: - (7 Agent Address: 1603 N Indian River Rd. New Smyrna Beach, FL 32169 Email: mortis@cfl.rr.com Phone: 407-474-8234 Fax: III. Notice to Owner A. All changes in Ownership and/or Applicant's Agent prior to final action of the City shall require anew affidavit. If ownership changes, the new owner assumes all obligations related to the filing application process. B. If the Owner intends for the authority of the Applicant's Agent to be limited in any manner, please indicate the limitations(s) below. (i.e.: limited to obtaining a certificate of concurrency; limited to obtaining a land use compliance certificate, etc.) The owner of the real property associated with this application or procurement activity is a (check one) ❑ individual ❑ Corporation ❑ Land Trust ❑ Partnership A Limited Liability Company ❑ Other (describe): 1. List all natural persons who have an ownership interest in the property, which is the subject matter of this petition, by name and address. 2. For each corporation, list the name, address, and title of each officer; the name and address of each director of the corporation; and the name and address of each shareholder who owns two percent (2%) or more of the stock of the corporation. Shareholders need not be disclosed if a corporation's stock are traded publicly on any national stock exchange. 3. In the case of a trust, list the name and address of each trustee and the name and address of the beneficiaries of the trust and the percentage of interest of each beneficiary. If any trustee or beneficiary of a trust is a corporation, please provide the information required in paragraph 2 above. Name of Trust: 4. For partnerships, including limited partnerships, list the name and address of each principal in the partnership, including general or limited partners. If any partner is a corporation, please provide the information required in paragraph 2 above. 5. For each limited liability company, list the name, address, and title of each manager or managing member; and the name and address of each additional member with two percent (2%) or more membership interest. If any member with two percent (2%) or more membership interest, manager, or managing member is a corporation, trust or partnership, please provide the information required in paragraphs 2, 3 and/or 4 above. Name of LLC: S R Plumbing, LLC 6. In the circumstances of a contract for purchase, list the name and address of each contract purchaser. If the purchaser is a corporation, trust, partnership, or LLC, provide the information required for those entities in paragraphs 2, 3, 4 and/or 5 above. Name of Purchaser: Date of Contract: NAME TITLE/OFFICE/TRUSTEE ADDRESS % OF OR BENEFICIARY INTEREST. Samuel Rivera Manager 4208 Daubert St. Orlando, FL 32803 (Use additional sheets for more space.) 7. As to any type of owner referred to above, a change of ownership occurring subsequent to the execution of this document, shall be disclosed in writing to the City prior to any action being taken by the City as to the matter relative to which this document pertains. 8. 1 affirm that the above representations are true and are based upon my personal knowledge and belief after all reasonable inquiry. I understand that any failure to make mandated disclosures is grounds for the subject rezone, future land use amendment, special exception, or variance involved with this Application to become void or for the submission for a procurement activity to be non- responsive. I certify that I am legally authorized to execute this Affidavit and to bind the Applicant or Vendor to the disclosures herein. Date�O L.2 - Owner, Agent, Applicant Signature STATE OF FLORIDA� COUNTY OF Sworn to (or affirmed) and subscribed before me by *aky P1, �n on this U( day of D ece rrn be- r , 20 }� �P.. Signature of Notary Public Personally Known OR Produced Identification Type of Identification Produced Affidavit of Ownership - January 2015 Soayka Alvero Comm.: HH 154509 My Commission Expires: July 15, 2025 Print, Type or Stamp Name of Notary Public F4 C)Rr� i p._ IIIINV'M T.i FLORIDA Business Impact Estimate This form should be included in agenda packet for the item under which the proposed ordinance is to be considered, and must be posted on the City's website by the time notice of the proposed ordinance is published. Planned Development Rezone of Property Address 3539 Marquette Avenue: The City is of the view that the following exception(s) to the Business Impact Estimate requirement, that are checked off in a box below, apply to the above -referenced proposed ordinance. Although, the City is implementing the procedure required by statutory law to ensure that no inadvertent procedural issue could impact the enactment of the proposed ordinance. ® The proposed ordinance is required for compliance with Federal or State law or regulation; ❑ The proposed ordinance relates to the issuance or refinancing of debt; ❑ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ❑ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant, or other financial assistance accepted by the ❑ The proposed ordinance is an emergency ordinance; ❑ The ordinance relates to procurement; or ® The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. 1_I Pag2 In accordance with the provisions of controlling law, even notwithstanding the fact that, an exemption noted above may apply, the City hereby publishes the following information: 1. Summary of the proposed ordinance (must include statement of the public purpose, such as serving the public health, safety, morals, and welfare): Not Applicable 2. Estimate of direct economic impact of the proposed ordinance on private, for-profit businesses in the City: Not Applicable 3. Estimate of direct compliance costs that businesses may reasonably incur: Not Applicable 4. Any new charge or fee imposed by the proposed ordinance: Not Applicable 5. Estimate of the City's regulatory costs, including estimated revenues from any new charges or fees to cover such costs: Not Applicable 6. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: Not Applicable 7. Additional information (if any, but may wish to include the methodology used to derive information for #1 and #2, above. For example: City staff solicited comments from businesses in the City as to the potential impact of the proposed ordinance by contacting the chamber of commerce, social media posting, direct mail or direct email, posting on City website, public workshop, etc. You may also wish to include efforts made to reduce the potential fiscal impact on businesses based on feedback from businesses. You may also wish to state here that the proposed ordinance is a generally applicable ordinance that applies to all persons similarly situated (individuals as well as businesses) and, therefore, the proposed ordinance does not impose costs only upon businesses.): Not Applicable 2_I_Page _ _ Commercial — Residential - Plumbing � G ti September 1, 2023 Proposed Rezoning and Land Use 3539 Marquette Avenue Sanford, FL 32773 1. Overview A Neighborhood Meeting to review and discuss the rezoning from Agriculture, A-1 (Seminole County), to Restricted Industrial, RI -1 (City) to build a new 20,000 sqf warehouse construction for the property located at 3539 Marquette Avenue took place on Friday, September 1, 2023, at North Branch Seminole County Public Library. The meeting was required as part of the Citizen Awareness and Participation Plan (CAPP) submitted in conjunction with the Rezoning and land Use application. The Seminole County Property appraiser parcel identification number associated with the subject property is 03-20-31-5AY-0000-034B. 2. List of Meeting Invitees A list of affected parties that were notified of the proposed project and invited to attend the Neighborhood Meeting is provided in Appendix A. Meeting notices were mailed prior to the meeting to property owners within 500 ft of the subject property, and to relevant parties at the City of Sanford. 3. Meeting Notice A copy of the meeting notice is provided in Appendix B. 4. Date and Location of the Neighborhood Meeting Friday, September 1, 2023, at 9:30am—11:30am 150 N Palmetto Avenue Sanford, FL 32771 5. Meeting Attendance Zero (0) members of the public attended the meeting. The applicant did not receive any additional phone calls or emails regarding this proposal. 6. Summary of Concerns None. 4208 Daubert Street Orlando, FL 32803 Tel: (407) 275-9614 Fam (407) 275-9615 MWBE • r CLEVELAND BLVD STE 00 SANFORD, 32773-6844 SANFORD AIRPORT AUTH/CITY OF SANFORD 1 RED CLEVELAND BLVD ##1200 SANFORD, FL 32773-6844 FASTENAL COMPANY PO BOX 1206 WINONA, MN 55987-5443 FASTENAL CO 'i BOX 1206 i 55987-7206 SANFORD AIRPORT AUTH/CITY OF SANFORD CIO SOUTHEAST RAMP HANGER 2151 SPINNER LN SANFORD, FL 32773- Rml !'! E �• BURFIELD, ROY D & VASANA W 3571 MARQUETTE AVE SANFORD, FL 32773-6638 UNITED STATES OF AMERICA CIO UNITED STATES ARMY CORP PO BOX 2288 MOBILE, AL 36652-2288 RIM 011 a]V PERSAUD FAMILY REVOCABLE TRUST 447 BELHAVEN FALLS DR OCOEE, FL 34761-3362 Appendix A INGLESIA CRISTIANA BETHEL INC PO BOX 104 SANFORD, FL 32772-0104 • CITY OF SjkNFORD ,/�rHJh a FLORIDA CITY COMMISSION MEMORANDUM 24,087 MARCH 25, 2024 AGENDA TO: Honorable Mayor and Members of the City PREPARED BY: Eileen Hinson, AICP – Planning Dire for SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA- ity SUBJECT: Ordinance No. 2024-4772 R zoning; 4.617 Agriculture (A-1) To City Planned D, el Avenue. / Ws— RM X Item No. q. A -Acres From Seminole County opment (PD); 3539 Marquette THIS IS A QUASI-JUDICIAL MATTER AND, AS SUCH, REQUIRES DISCLOSURE OF ALL EX -PARTE COMMUNICATIONS, INVESTIGATIONS, SITE VISITS AND EXPERT OPINIONS REGARDING THIS MATTER. STRATEGIC PRIORITIES: ❑ Unify Downtown & the Waterfront ❑ Promote the City's Distinct Culture ❑ Update Regulatory Framework ❑ Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: A request to rezone 4.67 acres from Seminole County, Agriculture (A-1), to City of Sanford, Planned Development (PD), located at the project address of 3539 Marquette Avenue has been received. The property owner is SR Plumbing, LLC whose manager is Samuel Rivera. Randy Morris has made an application on behalf of the property owner. A CAPP (Citizens Awareness and Participation Plan) meeting was held on September 1, 2023, and a copy of the report is attached, which has been found to be satisfactory to the City. The Affidavit of Ownership and Designation of Agent forms are attached, and other information is available to ensure that all potential conflicts of interests are capable of being discerned. FISCALISTAFFING STATEMENT: The property's, assessed tax value, total tax bill, and property status for 2023 is shown below: Parcel Number Property Owner Assessed Value 2( 023)2( Tax Bill 023) 03-20-31-5AY-0000-034B SR Plumbing LLC $1,125 $11.74 The applicant is seeking to establish office/warehouse with outdoor storage uses on the property. The proposed development will facilitate new non-residential construction and generate additional tax revenue for the City. BACKGROUND: The 4.67 -acre site is located west of Skyway Drive and south of Marquette Avenue. The property is currently zoned A-1, Agriculture (Seminole County), with a future land use designation of High Intensity Planned — Airport (HIPAP) (Seminole County). According to the SR Plumbing PD Master Plan, the applicant is proposing a warehouse/office project consisting of two buildings with outdoor storage. Building One is 20,000 square feet in size and is intended to be used for fabrication, distribution and office uses. Building Two is proposed as part of a Phase 2 and is proposed to 24,000 square -feet in size with no defined user currently. The Master Plan allows for a maximum building height of 50'. Due to the proximity of the property to the Orlando -Sanford International Airport (OSIA) and the adopted interlocal agreement, the developer shall file an FAA Form 7460 and provide to the City written acknowledgement of receipt and determination of no objection from Sanford Airport Authority prior to any development approvals. The Master Plan also identifies specific development standards. Any development standards not identified on the Master Plan shall be required to meet RI -1, Restricted Industrial, zoning district/classification standards. All new development shall be required to address infrastructure needs, provision of services, development phasing and development intensity and land use compatibility as part of an integrated design scheme which includes very detailed strategies and techniques for resolving development impacts. SEMINOLE COUNTY .JOINT PLANNING AGREEMENT (.IPA) COMPATIBILITY Exhibit B of the 2015 City of Sanford/Seminole County Joint Planning Agreement (JPA) provides that the HIP -TI, High Intensity Planned Development Airport (Seminole County land use designation) is equivalent to the AIC, Airport Industry and Commerce (City land use designation) in this specific segment of State Road 46. Exhibit B describes equivalent future land use designations in the City and the County comprehensive plans. The designations have been deemed equivalent due to their similar intensities and densities of allowable development. The Airport Industry and Commerce (AIC) land use designation is a high-intensity mixed use policy for managing lands comprised of the OSIA and adjacent lands capable of supporting a variety of residential rental properties and commercial and industrial uses. The AIC land use designation is intended to encourage the expansion of industrial land and provide additional areas for mixed-use development that would be compatible with OSIA operations. The land use mix in the AIC land use designation is intended to provide a full range of urban services and facilities including: • Industrial and business parks; • Office complexes; • Commercial and retail developments; • Service and hotel uses; and • Medium to high density multifamily residential developments, were located in accordance with those requirements contained within this policy. Exhibit D of the JPA provides that the property is within sub -area 4 established in the JPA and the following excerpts from Exhibit C of the JPA apply to this land use conversion: All lands in this area annexed by the City after the JPA have received land use designations of Airport Industry Commerce (AIC), the City's equivalent designations to HIP -AP. City and County Comprehensive Plan policies for this area are very similar. The City's densities and floor areas are slightly less intense than the County's. This area is developing rapidly, consistent with both the City and the County's Comprehensive Plan policies and corridor standards. The County and City, working together, have been successful in minimizing urban sprawl, providing affordable housing opportunities, and targeting industrial and commercial growth in this area. Both the County and the City will continue to ensure that the area is developed consistent with their mutually agreed upon standards and policies. This area should be reserved for target industry and Airport supporting development as there is limited vacant acreage available on which target industry will site. Single-family and low or medium density residential developments are not compatible within this area. The City's CAPP requirement is designed to focus attention on the importance of citizen participation early in the planning process and its relationship to completing a successful development project within the City. A CAPP meeting was conducted at which time the applicant provided a concept plan for indoor storage, indoor manufacturing, wholesale distribution, and office. The proposed uses within the PD are in line with its underlying land use designation of AIC and the JPA. On February 26, 2024, the City Commission conducted a public hearing for the first reading of the Ordinance No. 2024-4772. At the meeting, public input from an adjacent neighbor yielded a series of modifications to the original approval conditions which are provided under the recommendation. Staff supports the request subject to the staff recommended conditions provided in this report. The City Commission approved the first reading of Ordinance No. 2024-4772, with additional condition listed in the recommendation, on February 26, 2024. The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on February 28, 2024. The City Commission continued the 2nd Public Hearing of Ordinance No. 2024-4772 on March 11, 2024. The City Clerk published a continued notice of the 2nd Public Hearing in the Sanford Herald on Sunday, March 17, 2024. LEGAL REVIEW: The City Attorney may or may not have reviewed the staff report and the specific analysis provided by City staff but has noted the following that should be adhered to in all quasi-judicial decisions. Section 166.033, Florida Statutes, as amended in the 2022 Legislative Session, in Chapter 2021- 224, Laws of Florida (deriving from Committee Substitute for Committee Substitute for House Bill Number 1059) provides as follows (please note emphasized text): "166.033 Development permits and orders. — (1) Within 30 days after receiving an application for approval of a development permit or development order, a municipality must review the application for completeness and issue a letter indicating that all required information is submitted or specifying with particularity any areas that are deficient. If the application is deficient, the applicant has 30 days to address the deficiencies by submitting the required additional information. Within 120 days after the municipality has deemed the application complete, or 180 days for applications that require final action through a quasi-judicial hearing or a public hearing, the municipality must approve, approve with conditions, or deny the application for a development permit or development order. Both parties may agree to a reasonable request for an extension of time, particularly in the event of a force majeure or other extraordinary circumstance. An approval, approval with conditions, or denial of the application for a development permit or development order must include written findings supporting the municipality's decision. The timeframes contained in this subsection do not apply in an area of critical state concern, as designated in s. 380.0552 or chapter 28-36, Florida Administrative Code. (2)(a) When reviewing an application for a development permit or development order that is certified by a professional listed in s. 403.0877, a municipality may not request additional information from the applicant more than three times, unless the applicant waives the limitation in writing. (b) If a municipality makes a request for additional information and the applicant submits the required additional information within 30 days after receiving the request, the municipality must review the application for completeness and issue a letter indicating that all required information has been submitted or specify with particularity any areas that are deficient within 30 days after receiving the additional information. (c) If a municipality makes a second request for additional information and the applicant submits the required additional information within 30 days after receiving the request, the municipality must review the application for completeness and issue a letter indicating that all required information has been submitted or specify with particularity any areas that are deficient within 10 days after receiving the additional information. (d) Before a third request for additional information, the applicant must be offered a meeting to attempt to resolve outstanding issues. If a municipality makes a third request for additional information and the applicant submits the required additional information within 30 days after receiving the request, the municipality must deem the application complete within 10 days after receiving the additional infonnation or proceed to process the application for approval or denial unless the applicant waived the municipality's limitation in writing as described in paragraph (a). (e) Except as provided in subsection (5), if the applicant believes the request for additional information is not authorized by ordinance, rule, statute, or other legal authority, the municipality, at the applicant's request, shall proceed to process the application for approval or denial. (3) When a municipality denies an application for a development permit or development order, the municipality shall Live written notice to the applicant. The notice must include a citation to the applicable portions of an ordinance, rule, statute, or other legal authority for the denial of the permit or order. (4) As used in this section, the terms "development permit" and "development order" have the same meaning as in s. 163.3164, but do not include building permits. (5) For any development permit application filed with the municipality after July 1, 2012, a municipality may not require as a condition of processing or issuing a development permit or development order that an applicant obtain a permit or approval from any state or federal agency unless the agency has issued a final agency action that denies the federal or state permit before the municipal action on the local development permit. (6) Issuance of a development permit or development order by a municipality does not create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the municipality for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. A municipality shall attach such a disclaimer to the issuance of development permits and shall include a permit condition that all other applicable state or federal permits be obtained before commencement of the development. (7) This section does not prohibit a municipality from providing information to an applicant regarding what other state or federal permits may apply." The above -referenced definition of the terra "development permit" is as follows: "(16) 'Development permit' includes any building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other official action of local government having the effect of permitting the development of land." (Section 163.3164(16), Florida Statutes). The term "development order" is defined as follows and as can be seen, refers to the "granting, denying, or granting with conditions [of] an application": "(15) `Development order' means any order granting, denying, or granting with conditions an application for a development permit." (Section 163.3164(15), Florida Statutes). Thus, if this application is denied, a denial development order must be issued which must cite to the applicable portions of each ordinance, rule, statute, or other legal authority supporting the denial of the application. For example, if a goal, objective, or policy of the Sanford Comprehensive Plan were to be the basis for a denial, then such goal, objective or policy must be part of the motion proposing the denial. A denial development order would be drafted to implement the actions of the City Commission in the event of such an occurrence. Accordingly, any motion to deny must state, with particularity, the basis for the proposed denial. The City Commission has also expressed its desire for all who vote against the majority decision to express the rationale for their vote regarding all matters. When voting on matters such as whether to recommend approval of an amendment to the City's Comprehensive Plan or the enactment of, or amendment to, a land development regulation, those matters are legislative in nature and not quasi-judicial matters. As part of the PD non -statutory development agreement process, the following provision is added to pertinent documents: In agreeing to the above conditions in the subsequent PD development agreement, the property owner shall agree that, in accordance with the provisions of Section 70.45, Florida Statutes, pertaining to governmental exactions, the City has not imposed any prohibited exaction. The term "prohibited exaction" is defined by that statute to mean "... any condition imposed by a governmental entity on a property owner's proposed use of real property that lacks an essential nexus to a legitimate public purpose and is not roughly proportionate to the impacts of the proposed use that the governmental entity seeks to avoid, minimize, or mitigate." RECOMMENDATION: On February 1, 2024, upon a recommendation from staff, the Planning and Zoning Commission (P&ZC) recommended that City Commission enact Ordinance No. 2024-4772 rezoning 4.67 acres located at 3539 Marquette Avenue from County A-1, Agriculture, to City PD, Planned Development, finding the rezoning to be consistent with the City's Comprehensive flan, with approval being subject to the following conditions: 1. Pursuant to Section 4.3.G of the City's Land Development Regulations (LDRs), this rezoning shall expire 3 years from the effective date of this Ordinance if all improvements have not been completed or an extension granted. 2. Unless specifically requested and approved on the PD Master Plan, any required elements missing from or not shown on the PD Master Plan shall comply with the City's LDRs. 3. All permitted uses shall be consistent with permitted uses allowed in RI -1, Restricted Industrial, all other conditional uses except for outdoor storage shall require a separate application. 4. A development plan prepared and sealed by a licensed Florida, professional engineer meeting the requirements of the City's LDRs must be submitted and approved prior to any construction on site. 5. A decorative and functional fountain shall be installed in all wet retention ponds as part of development approval which approval shall provide for ongoing maintenance requirements and responsibilities upon the appropriate party, but not the City. 6. The property owner shall install a privacy fence, 6' in height, at the 25' setback line and shall enhance the landscaping between the fence and the adjacent property to reduce noise pollution. 7. If City staff and the property owner are unable to agree to the details of this approval in any way, the matter will be submitted to the P&ZC for resolution at a public hearing, and the matter will be adjudicated by means of a development order or denial development order relating thereto. On February 26, 2024, the City Commission approved the first reading of Ordinance No. 2024- 4772 subject to staff s recommendations with the following additional conditions and modifications being incorporated into the Ordinance: 8. The building shall be constructed with no windows on the south side, subject to meeting all building and fire codes; 9. The building shall not exceed 35' in height; 10. As required by the City's Land Development Regulations, the site shall be engineered with an overall comprehensive stormwater and drainage system, with special consideration being given to the following elements to minimize any water runoff onto the adjacent property: a. Rain gutters shall be installed and incorporated into the building along the east side of the building subject to building code requirements; and b. Any elevation changes or modification in grade due to fill in the buffer shall include drainage elements to offset said fill. 11. Any outdoor storage on site shall not exceed an overall height of 20'. SUGGESTED MOTION: "I move enact Ordinance No. 2024-4772 with the additional stated conditions." Attachments: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) Project Information Sheet. Site Aerial Map. Zoning Map. Affidavit of Ownership. Economic Impact Statement. CAPP Meeting Report. Environmental Assessment. Trip Generation Memo. PD Master Plan. Open Space Exhibit. Ordinance No. 2024-4772. ` PROJECT INFORMATION - 3.539 MA.RQuETTE AvENIJE 'I PLANNED DEVELOPMENT REZONE Requested Action: A rezone of 4.67 acres at project address 3539 Marquette Avenue from A-1, Agriculture (Seminole County) to PD, Planned Development (City of Sanford). Proposed Use: Office/Warehouse Project Address: 3539 Marquette Avenue Current Zoning: Agriculture (A-1) Proposed Zoning: Planned Development (PD) Current Land Use: Vacant Residential Tax Parcel Number: 03-20-31-5AY-0000-034B Site Area: 4.67 Acres Property Owner: SR Plumbing LLC 4208 Daubert Street Orlando, FL 32803 Applicant/Agent: Randy Morris 1603 N Indian River Road New Smyrna Beach, FL 32169 Email: morris@cfl.rr.com CAPP Meeting: A CAPP meeting was held on September 1, 2023 Commission District: District 1 — Commissioner Sheena Britton COMPREHENSIVE PLAN COMPLIANCE REVIEW Planning staff has reviewed the request and has determined the use and proposed improvements to be consistent with the Goals, Objectives and Policies of the Comprehensive Plan. Future Land Use: HIPAP, High Intensity Planned Development - Airport Proposed Future Land Use: AIC, Airport Industry and Commerce Existing Land Use: Vacant Residential